Iloilo mayor, councilor indicted for graft over land

By Joseph Bernard A. Marzan

The Office of the Ombudsman has indicted Zarraga, Iloilo Mayor Jofel Soldevilla and Councilor Michael Omar Lacson for violation of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) over the sale of land owned by the latter’s late father.

In an 18-page resolution approved by then Ombudsman Samuel Martires on Sept. 17, 2025, the Ombudsman found probable cause to charge Soldevilla and Lacson based on Section 3(e) of Rep. Act No. 3019.

The said provision penalizes “Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence”.

The resolution noted that Soldevilla and Lacson were found to have “conspired with each other and unlawfully used their official positions to advance their personal interests”.

Several factors were pointed out leading to the charge against the two officials, including:

– Lack of authority from the Sangguniang Bayan authorizing Soldevilla to enter into a Contract of Sale;

– Conflict of interest in the purchase of land where Lacson has an interest in;

– Irregular payment to Lacson, who was not yet the owner of the property; and

– Unauthorized indebtedness by the municipal government through the contract signed by Soldevilla.

Charges were dismissed against the other accused in the complaint filed by then Councilor Andre Bon Sumagaysay, including Councilors Jose Jeffren Millan, Rolando Papa, Nelida Octaviano, Mark Andrian Sulolayon, municipal accountant Era Lerdon, budget officer Glezil Mae Lozañes, and treasurer Leonora Pauya, “for lack of probable cause”.

The case involves land registered under the name of Lacson’s father, Orlando Lacson, which the municipal government was in the process of buying, citing the need under their Local Shelter Plan.

CONTRACT OF SALE, NOT CONTRACT TO SELL

The resolution stated that Soldevilla was not properly authorized to buy Orlando Lacson’s property on two fronts: there was no authorization for a specific property, and she did not enter into a Contract of Sale.

The Sangguniang Bayan authorized Soldevilla through a 2023 resolution to enter into a Contract of Sale to purchase land for the Local Shelter Plan.

She entered into a Contract to Sell with Lacson, who was not yet the registered owner of the land at the time, with a contract price of PHP 11.6 million, with PHP 5 million already paid to Lacson upon execution.

The Ombudsman’s resolution stated that the authorization by the town council was not specifically for the Lacson property but a general one, which means that Soldevilla needed to seek another authorization before she could actually buy land.

“A reading of the [town council’s] Resolution reveals that the authorization granted thereat docs not also contain the specifics of the contract to be entered into. It is merely a general authorization for respondent Soldevilla to enter into a ‘Contract of Sale on Behalf of the Municipality of Zarraga to Purchase a Parcel of Land For The Purpose of Establishing a Housing Project in Furtherance of the [LSP],” the Ombudsman’s resolution read.

They also emphasized that Soldevilla was authorized to enter into a Contract of Sale, and not a Contract to Sell.

“In a contract of sale, title passes to the vendee upon the delivery of the thing sold; whereas in a contract to sell, by agreement the ownership is reserved in the vendor and is not to pass until the full payment of the price. In a contract of sale, the vendor has lost and cannot recover ownership until and unless the contract is resolved or rescinded; whereas in a contract to sell, title is retained by the vendor until the full payment of the price,” they said, citing the 2005 case of San Lorenzo Development Corporation vs. Court of Appeals.

LACSON’S INTEREST

The Ombudsman also pointed out the manifest partiality in favor of Lacson, who was not only interested in the sale of his father’s land as an heir, but was also in relevant organizations within the Zarraga municipal government to see this through.

He was the chairperson of the town council’s Housing and Land Use Committee and was also appointed by Soldevilla to the Ad Hoc Appraisal Committee, which selected properties in consideration for projects under the Local Shelter Plan.

They said that Lacson’s inhibition and eventual resignation from the ad hoc committee was “of no moment” and was “self-serving”.

“This does not exonerate him from his apparent active involvement in the processes that led to the purchase of his property and the subsequent funding of the balance of its purchase price,” they said.

The Contract to Sell “verily caused undue injury to the government and gave [him] unwarranted benefits, advantage or preference,” because the property wasn’t transferred under his name yet and the actual sale was conditioned on the eventual registration.

They also noted that the allocated budget for buying land for the Local Shelter Plan under Zarraga’s 2023 annual appropriations was only PHP 5 million, and that the pending PHP 6.6 million would make the municipal government indebted to Lacson.

“Clearly, there is undue injury caused to the government when even upon payment of [PHP 5 million] to respondent Lacson, the property was not he government. The transfer of ownership conditioned under the full payment of the balance of PHP 6,604,000.00 to [Lacson] and obviously after the title to the property transferred to [him],” they said.